Conversion of shipping bills rejected for failure to produce remand-directed EPCG documents

A request to convert free shipping bills into EPCG shipping bills can be rejected where the applicant fails to produce documents specifically directed on remand to prove that the exports were made against the EPCG licence. The required documents were essential to establish entitlement to conversion, and in the absence of compliance the authority was not obliged to collect the material from its own file or proceed on an unproven claim. Non-compliance with the remand direction therefore justified rejection of the request.

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Issues: Whether the request for conversion of free shipping bills into EPCG shipping bills could be rejected for failure to produce the documents directed to be furnished on remand.

Analysis: The earlier remand required the appellant to provide all documents necessary to establish that the exports were made against the EPCG licence. Those documents were essential to determine entitlement to conversion of the shipping bills. In the absence of compliance with that direction, the authority was not obliged to independently collect the material from its own file or proceed on an unproven claim.

Conclusion: The rejection of the request was justified and the challenge failed.

Ratio Decidendi: When a remand order expressly requires a party to produce documents to prove its claim, non-compliance with that direction justifies rejection of the claim, and the authority is not required to gather the evidence on its own.

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